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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
are being submitted to the House Resources Committee and the Senate Committee on Commerce, Science, and Transportation. Section 304a5 of the NMSA also requires that NOAA consult with the appropriate Federal fishery management council on any action proposing to regulate fishing in federal waters. Consultation with the Gulf of Mexico Fishery Management Council GMFMC is discussed above in part II
sections 4 and 5. NOAA solicited comments on potential exemptions for pelagic longline and spearfishing in the expanded area, and based on public comment and coordination with NOAA
fisheries, determined to not grant these exemptions and to extend existing fishing regulations into the expansion areas.

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B. National Environmental Policy Act In accordance with Section 304a2
of the NMSA 16 U.S.C. 1434a2, and the provisions of NEPA 42 U.S.C.
43214370, NOAA has prepared a FEIS
to evaluate the impacts of this action.
Because this environmental review began before September 14, 2020, which was the effective date of the amendments to the Council on Environmental Quality CEQ
regulations implementing NEPA 85 FR
43372 Jul. 16, 2020, the FEIS was prepared using the 1978 CEQ NEPA
regulations. The Notice of Availability December 11, 2020, 85 FR 80093 of the FGBNMS FEIS is available on the FGBNMS website.18 NEPA reviews initiated prior to the effective date of the 2020 revised CEQ regulations may be conducted using the 1978 version of the regulations. NOAA has also prepared a ROD. Copies of the FEIS and ROD are available at the address and website listed in the ADDRESSES section of this final rule.
C. Executive Order 12866: Regulatory Impact This final rule has been determined to be significant within the meaning of Executive Order 12866. Details on the estimated costs of this rule are discussed in BOEMs E.O. 13795 report, which is available on regulations.gov at docket NOAANOS2019033, and serves as a substitute for the Regulatory Impact Review RIR. NOAA
inadvertently omitted this report in the public docket for this action when the NPRM was published. NOAA
subsequently published a Federal Register notice on November 23, 2020
85 FR 74630, making the RIR available for public comments. Refer to section V
18 https flowergarden.noaa.gov/management/
sanctuaryexpansion.html.

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of this rule for comments received on the RIR. Details on the estimated benefits of this action are discussed in Chapter 5, section 5.3 of the FEIS.

G. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
D. Executive Order 13132: Federalism Assessment
This final rule is not a significant energy action under the definition in E.O. 13211. It is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Moreover, the Administrator of OIRA has not otherwise designated this action as a significant energy action. A Statement of Energy Effects, therefore, is not required.

NOAA has concluded this regulatory action does not have federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 13132. The area that is the subject of the final rule is located entirely within federal waters outside of state or local jurisdiction.
This rule will not have a substantial or direct effect on states or local governments.
E. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This Executive Order reaffirms the Federal governments commitment to tribal sovereignty, self-determination, and self-government. Its purpose is to ensure that all Executive departments and agencies consult with Indian tribes and respect tribal sovereignty as they develop policies on issues that impact Indian communities. This action is not anticipated to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibility between the Federal Government and Indian tribes.
F. Executive Order 13795: Implementing an America-First Offshore Energy Strategy Executive Order 13795 directs the Secretary of Commerce to refrain from designating or expanding any national marine sanctuary unless the proposal includes a full accounting from the DOI
of any energy or mineral resource potential including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate within the expansion area, and the potential impact of the expansion on energy or mineral resource potential within the designated area. On February 25, 2019, BOEM
provided NOAA with a review of offshore energy and mineral resource potential located within the revised expansion areas in accordance with Executive Order 13795. BOEMs report is available at the Supporting Document section of the docket identified by NOAANOS2019033, and posted at https www.regulations.gov/
document?D=NOAA-NOS-2019-00331630.

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H. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
requires Federal agencies to prepare an analysis of a rules impact on small entities whenever the agency is required to publish a rule, unless the head of the agency can certify, pursuant to 5 U.S.C.
605b, that the action will not have a significant economic impact on a substantial number of small entities.
Under section 605b of the RFA, if the head of an agency or his or her designee certifies that a rule will not have a significant impact on a substantial number of small entities, then the agency is not required to prepare a regulatory flexibility analysis.
Pursuant to section 605b, the Chief Counsel for Regulations for the Department of Commerce, through delegation by the head of the agency, certified to the Office of Advocacy of the Small Business Administration during the proposed rule stage that the regulations would not have a significant economic impact on a substantial number of small entities. The factual basis for certification was published in the proposed rule 85 FR 25367. No public comments were received regarding this certification. Therefore, a regulatory flexibility analysis was not required and none was prepared.
I. Paperwork Reduction Act The existing FGBNMS regulations contain a collection-of-information requirement subject to the Paperwork Reduction Act PRA, approved by The Office of Management and Budget OMB, under control number 0648
0141, for collection-of-information for reporting and recordkeeping requirements under 15 CFR part 922.
This final rule would not increase or otherwise revise the existing paperwork burdens.
The public reporting burden for national marine sanctuary general permit applications is estimated to average 1 hour 30 minutes per application, including the time for reviewing the application instructions,
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